Final Order 1

Order Details: Chamber summons
Pdf Text: CH/S.274/19 IN SUM. SUIT NO. 1250/2016 1
IN THE CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.274 OF 2019
IN
SUMMARY SUIT NO. 1250 of 2016
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
(CNR NO.: MHCC010014072019)
State Bank of India ...Plaintiff
Versus
Santprakash Kailash Malhotra ...Defendant
Appearances:
Advocate Ms.Prassana Laxmi for the Plaintiff.
Advocate Mr.Khedekar for the Defendant.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 03rd JANUARY 2020
J U D G M E N T
1. By this Chamber Summons the defendant requested to condone
delay of 2 days caused to file Vakalatnama on behalf of the defendant
and accept the Vakalatnama filed alongwith the Chamber Summons.
2. The plaintiff resisted the Chamber Summons.
3. Neither the defendant nor his advocate appeared to advance the
arguments. The plaintiff's advocate advanced arguments. Considering
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CH/S.274/19 IN SUM. SUIT NO. 1250/2016 2
the facts and circumstances of the matter and that the defendant failed
to advance arguments despite opportunity, the matter has been taken
for decision on merits without arguments on behalf of the defendant.
4. The Ld advocate on behalf of the plaintiff argued that the delay is
of 13 days. No good reason is made out to condone the delay.
Therefore, she requested to reject the Chamber Summons .
5. The summons was served on the defendant on 04.01.2019. Thus,
computing the period of 10 days from 05.01.2019, it will expire on
14.01.2019. The defendant ought to have appear on or before
14.01.2019. However, the defendant appeared and filed present
Chamber Summons with Vakalatnama on 17/01/2019. Thus, there has
been delay of 3 days to appear in the matter.
6. The reasons given for the delay are that the summons was served
on the family member of the defendant when the defendant was not at
home and the family member told about it to the defendant after laps of
3 days. Further the defendant was required to make financial
arrangement before approaching advocate. Therefore, delay of 3 days
has been caused. The reasons given are on the affidavit. The same are
reliable. Considering the same reasons and the shortness of delay that it
is of only 3 days, it is just and proper to condone the delay and accept
the Vakalatnama. Resultantly, the Chamber Summons deserves to be
allowed. Hence, order as follows is passed:
ORDER
1. The Chamber Summons No.274 of 2019 is allowed as under:
2. Delay caused to the defendant to appear and file Vakalatnama is
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CH/S.274/19 IN SUM. SUIT NO. 1250/2016 3
condoned and the Vakalatnama filed alongwith the Chamber Summons
be accepted on record as the Vakalatnama in the suit.
3. The Chamber Summons No. 274 of 2019 is disposed off
accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 03/01/2020 City Civil Court,Gr. Mumbai
Dictated on : 03/01/2020
Transcribed on : 03/01/2020
Signed on : 03/01/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03/01/2019 at 5.20p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 03/01/2019
Judgment/Order signed by P.O. on 03/01/2019
Judgment/Order uploaded on 03/01/2019
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